Patna High Court
Abdullah SholaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the MJC application is infructuous as the writ order has been complied with, and therefore disposed of the application.
Summary
Abdullah Shola filed a writ petition before the Patna High Court against the State of Bihar and several officials. The petitioner later filed a Miscellaneous Jurisdiction Case (MJC) application seeking relief. Counsel for the petitioner argued that the writ order had already been complied with, rendering the MJC application infructuous. The court examined the claim of compliance and found no merit in continuing the proceedings. Consequently, the court disposed of the MJC application as infructuous, granting the petitioner liberty to challenge the order by which the writ order was complied with. The matter was concluded with an oral order dated 07-01-2026.
Issues considered
- Whether the MJC application is infructuous due to compliance with the writ order
Subjects
- writ petition
- miscellaneous jurisdiction
- infructuous application
- compliance
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2889 of 2019
In
Civil Writ Jurisdiction Case No.3477 of 2019
======================================================
Abdullah Shola S/o Md Akhalque Khan Resident of Village- Rambagh Chauri
Kanhauli Mushahari, Muzaffarpur 842002
... ... Petitioner/s
Versus
1. The State of Bihar Through Sri Amir Subhani, the Home Secretary, Govt. of
Bihar,Patna.
2. Sri Amir Subhani The Home Secretary, Govt. of Bihar,Patna.
3. Sri Gupteshwar Pandey The Director General of Police, Bihar, Patna
4. Sri Om Prakash Pal The Secretary, Bihar Staff Selection Commission, Bihar,
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
: Mr. Sachida Nand Kishore Pd. Sinha, Advocate
For the Opposite Party/s : Mr. Prabhat Kumar Verma (Aag3)
: Mr. Mankeshwar Tiwari, AC to AAG-3
For BSSC : Mr. Satyam Shivam Sundaram, Advocate
: Mr. Ankit, Advocate
: Mr. Aman Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 07-01-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. The defect as pointed out by the office stands
ignored.
3. Learned counsel for the petitioner submits that the
writ order has been complied with and hence the present
application has become infructuous. He accordingly prays that
an appropriate order be passed disposing of this MJC
application.
Patna High Court MJC No.2889 of 2019(6) dt.07-01-2026
2/2
4. This MJC Application is disposed of as having
become infructuous granting liberty to the petitioner to
challenge the order by which the writ order has been complied
with.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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